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tiOMMUNICATION. 


UBEOiV  ; 

ADDRESSEU  OF  THE 

JhHVrnQIW  pc 


TO  “ FBiEXDS,''  Jill  coj^smE^'‘TL 

OTSLY  SCRUPULOUS  OF 
ItEJlRLyG  JiRMS, 


OH 


SOME  IMPOllTANT  M ATTERS  AT  IS8UI 


IN  THE 


vnn/\iiELrniA : 


rnistrT)  bv  j,  \v,  azi'  s,  no.  2G,  '^rn^wnr.nnr 


TO  THE 


The  approaching  election,  on  the  2d  Tuesday 
of  October  next,  is  one  of  more  than  ordinary  im^ 
portance  to  the  welfare  and  prosperity  of  the  state. 
During  the  last  session  of  the  Legislature,  polith 
cal  doctrines  have  been  broached,  hostile  to  the 
very  existence  of  a Republican  form  of  Govern- 
ment— and  in  the  election  for  chief  magistrate  is 
involved  the  important  question,  how  tar  tliese 
doctrines  are  agreeable  to  the  people  of  the  state 
of  Pennsylvania.  In  addressing  myself  to  the 
respectable  Society  of  Friends,  inhabiting  this 
state,  I am  induced  by  the  consideration,  that  you 
have  a more  than  usually  deep  interest  at  stake, 
in  this  question.  On  common  occasions  >\hen 
mere  party  distinctions  are  involved,  it  migfit 
not  be  deemed  respectful  to  appeal  to  you  with  a 
view  to  solicit  your  suffrages  in  favour  of  a parti- 
cular candidate.  I know  your  aversion  to  mingle 
in  the  scenes  of  political  strife,  and  party  warfare, 
and  honor  your  motives.  But,  there  are  occasions 
when  the  public  welfare  requires  the  exertion  of 
every  citizen  to  preserve  it,  and  when  duty  de- 
mands a sacrifice  of  individual  feelings  and  incli- 
nations for  the  promotion  of  the  common  good. 

We  all  live  under  a most  excellent  Constitution 

instituted  for  the  peace,  safety  and  happiness 

of  the  people,  and  possessing  every  safeguard, 
that  wisdom  and  patriotism  could  devise  to  secuy/^ 
them  in  the  enjoyment  of  their  civil  and  religlo^^ 
A Constitution  tlius  wisely  ordercfl^ 


1 


4 


hy  those  who  live  under  its  sheltering  wings,  nor 
too  vigilantly  guarded  by  those  who  enjoy  its  pro- 
tection. It  is  a common  inheritance,  which  we 
all  have  an  equal  interest  in  preserving  from 
delapidation.  Such,  however,  is  untbrtiinately  the 
perverseness  of  human  nature,  that  blessings  in 
proportion  to  their  excellence  are  the  subjects  of 
abuse — and  our  Constitution,  wdse  and  excellent 
as  it  is,  has  been  virtually  assailed  in  its  most  vi- 
tal parts.  The  rights  of  coitscience  have  been  tvmu 
ionly  invaded — -charters  violated — and  the  military 
set  above  ike  civil  power,  I do  not  mean  to  be 
understood  that  these  things  have  been  actua 
consummated.  Ko— thanks  to  the  firmness  arid 
independence  of  our  present  chief  magistrate, 
who  interposed  his  anthority  to  prevent  these  law- 
less outrages  on  the  liberties  of  the  people.  But, 
these  outrages  w ere  all  attempted  to  he  perpetra- 
ted by  the  Legislature — and  their  failure  fur 
xiishes  convincing  evidence  of  the  value  and  im- 
portance of  the  office  of  chief  magistrate,  in  pro^ 
lecting  the  rights  and  interests  of  the  people.  ^ 

The  advocates  of  Legislative  power  over  the 
Constitution,  defeated  in  all  their  attempts  to  ex- 
ei’cise  arbitrary  and  despotic  power,  by  an  inde- 
pendent executive — find  it  necessary,  in  order  to 
accomplish  their  views,  to  have  a Governor  of 
tlieir  own  selection.  Accordingly,  they  have  pur 
in  nomination  John  A.  Shulze,  a member  of  their 
ow  n body — a man  whom  they  kno^v  will  be  sub- 
servient to  their  designs — and  who  has  already 
Xvirnished  evidences  of  his  hostility  to  our  repub- 
ifistitntions.  and  eontemnt  for  the  constitutionr 


I) 

of  conscience,  impairing  charters  and  placing  the 
military  over  the  civil  power.  I think  it  is  of  im- 
portance, that  you  sliouhl  be  made  accjuaintcd 
with  the  part  tliat  John  Andrew  Sludzc,  the  Legis- 
lative eandidate,  for  the  office  of  Governor,  has- 
acted  in  x*elatioii  to  tlie  measures  Vvhieh  have  a 
more  immediate  bearing  on  your  rights  and  liber- 
ties— measures  Vyliich  will  again  inevitably  be 
brought  forward,  should  he  be  the  successful  can- 
didate— measures,  which,  if  carried  into  cfficct, 
must  place  you  in  a painful  and  delicate  situa- 
tion— if  not  exile  many  of  you  from  the  state  ibmid- 
ed  by  the  illustrious  Penn,  and  first  settled  by 
Friends.  Under  the  impression,  therefore,  that 
you  may  not  have  l>cen  fully  informed  of  the  ex- 
tent of  the  military  spirit  and  temper  display 
ed  by  the  ma-jority  of  the  Legislature,  at  the  last 
session,  1 have  presumed  to  call  your  serious  at 
tention  to  the  subject. 

One  of  the  greatest  political  evils  under  vrhich 
the  state  has  laboured  since  the  late  war,  is  lier 
militia  system.  Without  accomplishing  any  good 
pui'posQ  whatever,  it  has  always  been  deplorably 
feiirdensome  ou  the  great  mass  of  the  peojdc — ami 
peculiai'ly  barrassing  and  oppressive  to  those  who 
arc  conscientiously  scrapiiious  of  bearing  arms. 
It  appears,  however,  to  liave  been  a fiivourile  sys- 
tem with  the  Legislature  for  some  time  past  — 
In  their  endeavours  to  render  it,  wliat  in  the  mili- 
tary language  is  termed  e£icient^  the  boldest  ex- 
periments have  been  made  on  the  liberties  of  the/ 
people.  The  Senate  is  quite  a military  bodj— / 
two  thirds  of  its  members  being  Miijor  Genera’^ 
Brigadier  Generals,  Colonels  and  Majors — anr^^^ 
the  military  committee  of  the  Si^euaite  the  puh^^'^ 


indebted  lor  two  very  voluminoas  militia  law  s— 
the  first  of  wliich  was  passed  in  1821 — and  the 
last  in  1822. — The  militia  law  of  1821  contained 
upwards  of  eighty  sections — introduced  novel 
changes  in  the  old  system  and  greatly  increased 
the  expenses  of  maintaining  it : it  had,  how  ever, 
redeeming  el^kcellencies,  in  the  estimation  of  milh 
tary  men,  in  its  numerous  compulsory  provisions, 
its  severe  exactions  and  heavy  penalties.  After 
a trial  of  six  months,  it  was  found  not  sufficiently 
ej^eient — and  a new  system  was  got  up  with 
increased  expenses  and  more  rigid  exactions. 
On  a short  trial  of  a few  months,  it  was  discovered 
that  even  this  system  with  all  its  severe  requish 
tions,  wovdd  not  answer  the  purpose  of  military 
chieftians,  unless  the  strong  arm  of  the  civil  pow- 
er could  be  tied  and  its  provisions  executed  with- 
out a responsibility  to  ‘vthe  due  course  of  law.’’ 
A bill  w as  therefore,  introduced  by  the  military 
committee,  entitled. 


AN  ACT  to  further  restrain  Mtlermen  and  Jus- 
tices of  the  Peace  from  taking  cognizance  of 
suits  against  Militia  officers, 

‘‘  BE  it  enacted  by  the  Senate  and  House 
of  Bepresentatives  of  the  Commonwealth  of 
Penftsylvania  in  General  Assembly  met,  and 
it  is  hereby  enacted  by  the  authority  of  the 
same,  that  if  after  the  passage  of  this  act  any 
alderman  or  justice  of  the  peace  in  this  common- 
vealth  shall  issue  process  or  in  any  manner  what- 
er  commence  or  take  cognizance  of  any  suit 
ction  against  a militia  officer,  constable,  col- 
r or  other  person  concerned  in  the  execution 
militia  laws  of  the  commonwealth  for  any 


'7 


thing  done  by  them  or  any  or  either  of  them 
nndcr  or  in  pursuance  of  said  militia  laws,  every 
alderman  or  justice  of  the  peace  so  oftleuding, 
.diall  be  guilty  of  a misdemeanor  in  office,  and 
all  his  acts  and  proceeding  are  liereby  doclarcd 
to  be  absolutely  null  and  void,” 

In  this  fii*st  attempt  to  render  the  military  supc- 
^i  ior  to  the  civil  power,  one  Avould  naturally  look  to 
some  great  state  necessity  imperiously  demanding 
it — rebellion  at  home — or  invasion  from  abroad. 
Strange  to  say — it  was  made  in  a state  of  pro- 
found peace  and  when  the  country  was  exempt 
from  the  remotest  prospect  of  w ar.  It  was  made 
too,  to  support  a system  which  experience  has 
demonstrated  to  be  oppressive  to  the  people  and 
utterly  inadequate  to  accomplish  the  end  for 
which  it  is  designed.  However  congenial  it  may 
be  to  the  feelings  of  a military  man  to  see  the 
military  placed  above  tlm  civil  power,  the  private 
citizen  who  appreciates  the  constitution  and  the 
rights  and  liberties  of  the  people  cannot  approve 
it — nay  must  ablior  it.  And  yet  John  Andrew 
Shulze,  a private  citizen  and  an  ordained  minister 
of  the  Prince  of  Peace,  recorded  his  name  in 
favor  of  this  military  edict,  so  irreconcilable  to  the 
genius  of  a free  government,  and  w ithout  even 
the  slightest  circumstance  of  extenuation.  Jour« 
nal  of  the  Senate  page  445. 

The  bill  No.  182,  entitled  an  act  to  furtlier 
restrain  aldermen  and  justices  of  the  peii^ce,  from 
.taking  ccgnizance  of  suits  against  military  offi 
cers,”  w as  read  a third  time  ; and  pu  the  questl<^ 
jhall  the  bill  pass  r 


rhe  yeas  and  nays  were  required  by  Mr.  Run- 
can  and  Mr.  Powers,  and  are  as  follows,  to’ wit : 

Feas — Allsliouse,  Barnard,  Brewster.  Conyng' 
Jiam,  Fry,  Groves^  Hewington,  Hill,  MairOi,  Mark, 
ley,  M^Meens,  Orr,  Power,  SHULZE,  E.  Smith, 
Clair,  Marks,  speaker — 17. 

J^ays — Cadwallader,  Coleman,  Dewart,  Dun- 
ean,  Fegcr,  Henderson,  Killey,  Robertson,  W.  R. 
Smith,  Wiirts~10. 

Having  thus  exempted  military  officers,  consta- 
bles, collectors  and  other  persons  concerned  in 
file  execution  of  the  militia  law  from  amenity 
to  the  jurisdiction  of  aldennen  and  justices  of  the 
peace  : it  was  found  necessary  to  proceed  a step 
iurther.  Courts  of  Justice  were  still  open  for 
redress — and  the  executioners  of  the  militia  law 
might  be  there  brought  to  punishment  for  their 
illegal  conduct.  It  was,  tber«'fore,  provided  by 
the  15th  section  of  the  bill  entitled,  “a  supple- 
ment  to  the  act  entitled,  “ An  act  for  the  regula- 
tion of  the  militia  of  this  commonwealth.”  Jour- 


nal of  Senate,  page  510— that  when  ever  a suit 
is  brought  against  any  military  officer,  constable, 
er  collecter,  or  other  person  concerned  in  the  exe- 
cution of  the  militia  law,  in  any  act  or  acts,  done 
by  virtue,  or  in  pursuance  of  said  laivs,tbe  Brigade 
Inspector  is  authorised  to  employ  counsel,  if  ne- 
cessary, to  attend  to,  and  defend  the  said  suit  or 
action,  on  behalf  of  the  Commonwealth  ; and  the 
reasonable  expenses  incurred  by  the  Brigade  In- 
spector, in  performing  &aid  duty^  shall  be  paid  in 
be  manner  directed  in  other  eases,  by  the  act  to 
^ichthis  is  a supplement,  the  same  being  first  al- 
ed  and  approved  of  by  the  Brigadier  General 
n a suit  is,  therefore,  brought  against  a 


luiliiary  ofllccr,  or  collector,  for  alledgcd  illegal 
lioiiduct  in  die  execution  of  tlie  military  law — the 
Brigade  Inspector  and  Brigadier  General  are  con- 
•itituted  a inilitarv  court,  and  in  the  exercise  of 
a mere  arbitrary  discretion  decide  wlietlier  the 
conduct  of  tfie  officer  is  legal  or  illegal.  If  tliey 
should  be  of  opinion  that  his  conduct  was  legal,  it 
becomes  then  the  alfair  of  the  commonwealth,  and 
all  the  expenses  of  the  suit  are  to  be  paid  out  of 
the  public  treasury.  Military  meji  are  most  apt  to 
view  actis  in  a different  light  from  citizens ; and 
conduct,  which  might  be  pronounced  by  a civil 
<aourt  and  a jury  of  the  country  highly  oppressive  or 
illegal,  might  be  viewed  by  a military  tribunal 
perfectly  innocent  and  perhaps  pmiseworthy.  In 
nine  eases  out  often,  the  decision  of  the  brigade 
inspector  and  brigadier  general,  Avould  be  in  fa- 
nout of  the  military  officers  and  collectors,  against 
whom  the  suits  were  brought  in  the  civil  courh 
and  thus  the  public  treasury  w ould  be  burthened 
with  all  the  expences  of  those  suits.  By  this  sec 
lion,  the  decision  of  the  Brigade  Inspector  and 
Brigadier  General,  exei'cisiiig  a mere  arhitrarij 
discretion.^  is  made  paramount  to  tlve  verdict  of  a 
jury,  governed  by  tlie  Constitiitioii  and  civil  htivii 
of  the  Commomvcalth  Call  }ort  not  this  render- 
ing the  military  supes  ior  to  the  civil  power?  It  is 
in  fact,  worse — it  operates  as  a!i  encouragement: 
to  military  officers,  constables  and  collectors,  to 
commit  acts  of  viohmee  and  oppi'cssion,  in  the 
execution  of  the  militia  law,  by  removing  fror 
them  that  v/liolesome  restraint,  wliich  operates  ^ 
all  who  execute  tlic  civil  law  s of  the  Coinm^^^* 
wealtli,  at  their  peril,  and  w ithout  a public. 

•ury  to  answer  for  their  misdeeds. 


10 


^^The  military  sliall,  in  all  cases,  and  at  ali 
times,  be  in  strict  subordination  to  the  civil 
power.” — Constitution. 

“ Every  man,  for  an  injury  done  him  in  his 
lands,  goods,  person,  or  reput  ition.  shall  have  re- 
medy by  due  course  of  law.” — Ibid, 

Not  satisfied  with  the  sweeping  exemption  of 
military  officers,  constables,  collectors,  and  other 
persons  concerned  in  the  execution  of  the  militia 
law  from  responsibility,  to  the  jurisdiction  of  Al- 
dermen and  Justices  of  the  Peace,  it  is  fartherr 
provided  in  the  16th  sec.  of  the  same  bill — 

^•Section  16.  be  it  further  enacted^  by  the 
authority  aforesaid.  That  no  alderman  or  justice 
of  the  peace,  within  the  commotiw  ealth,  shall  issue 
process,  or,  in  any  manner  wliatever,  commence 
or  take  cognizance  of  any  civil  suit  or  action 
against  any  volantecr  or  militia  officer,  or  any 
non-commissioned  ojfcer  or  private,  acting  under 
their  authority,  foi*  any  thing  done  by  any  or 
cither  of  them,  in  pursuance  and  by  virtue  of  the 
fifty-seventh,  fifty-eighth,  and  the  second  article 
of  the  fifty-sixth  sections  of  the  act  to  which  this 
is  a supplement.” 

But  even  these  palpable  violations  of  the  Con- 
. stitution  w ere  not  sufficient  to  satiate  the  military 
\ appetite  of  the  Senate.  By  the  militia  law,  now 
\n  force,  a constable  or  collector  to  whom  any 
is  delivered  for  the  collection  of  fines, 
niyst  make  a demarul  thereof  ten  days  previous  to 
th^evy  or  collection  of  the  same.  By  the  sixth 
^ect^n  ef  this  bill  it  is  provided—- 

\ 


il 


'•Section  6.  ^Inil  be  it  furthev  enacted^  by  the 
authority  aforesaid^  I'liat  so  much  of  the  act  to 
^vliicli  this  is  a supplement,  as  requires  the  con- 
stable or  collector,  to  whom  any  warrant  is  de- 
livered, for  the  collection  of  fines,  to  make  a de- 
mand thereof  ten  days  previous  to  the  levy  and 
collection  of  the  same,  be  and  the  same  is  hereby 
repealed,  and  in  all  suits  brought  against  a con- 
stable or  collector,  in  consequence  of  any  militia 
fines,  be  shall  be  admitted  as  aVitness  to  prove 
that  demand  was  made  thereof  ten  days  previous 
to  the  said  levy  and  collection.” 

The  only  argument  made  use  of  by  the  advo- 
cates of  this  section  in  the  Senate,  was,  that  it 
had  been  found  extremely  inconvenient  and  trou- 
blesome to  constables  and  collectors  to  give  this 
notice.  And  thus  to  indulge  constables  and  col- 
lectors of  militia  fines,  the  peaceable  citizen,  whe- 
ther subject  or  not  to  perform  militia  duty,  was 
to  be  exposed  to  their  insolence  or  exactions, 
without  even  notice  that  he  had  been  fined ; and, 
without  any  previous  demand,  his  property  was  to 
be  subject  to  seizure,  and  his  person  to  imprison- 
ment, by  constables,  collectors,  and  other  pei*sons 
concerned  in  the  execution,  the  militia  law  against 
whom  it  7vas  made  a misdemeanour  in  an  alder- 
maJi  or  justice  of  the  peace  to  take  cognizance  of 
their  misdeeds. 

The  seventh  section  of  tins  obnoxious  bill  re- 
quires no  comment : those  who  run  may  read.-^ 

'^•Section  7.  dnd  be  it  further  enacted,  by  the 
authority  aforesaid,  That  in  all  warrants  hereafter 
issued  for  the  collection  of  finc^,  agreeably  to  the 


twenty-sixth,  tw^eiity  eighth  and  thiity-eiglitli  set 
tions  'of  the  act,  to  ^which  this  is  a supplement;, 
immediately  after  the  words,  ‘ returning  the  over- 
plus, if  any,  to  the  owner,’  the  foIloAving  words 
is  hereby  authorized  to  he  added,  to  wit : ‘ AND 
FOR  WANT  OF  SUFFKTBNT  GOODS  AND 
CHATTLES,  TO  PAY  THE  SAMr,  YOU 
ARE  HEREBY  REOUIRED  TO  CONVEY 
THE  DELINQUENT  TO  THE  JAIL  OF 
THE  PROPER  COUNTY,  AND  DELIVER 
HIM  TO  THE  CUSTODY  OF  THE  SHERIFF 
OR  JAILOR  THEREOF,  TO  BE  HEID  AND 
DETAINED  BY  HIM  UNTIL  HE  PAYS 
THE  SAID  FINE  OR  FINES,  OR  IS  DIS^ 
CHARGED  AGREEABLY  TO  THE  INSOL 
VENT  LAWS  OF  THIS  COMMONWEALTH,’ 
and  which  warrants  shall  then  conclude  in  the 
form  prescribed  by  the  said  sections.” 

Will  all  these  flagrant  attempts  to  render  the 
Military  superior  to  the  Civil  Power,  be  patiently 
submitted  to,  under  a government,  in  which  ‘‘  the 
general,  great  and  essential  principles  of  liberty 
are  recognised.”  by  a Constitution  which  pro- 
claims every  man’s  inherent  rights  of  enjoying 
and  defending  life  and  liberty — of  acquiring,  pos- 
sessing and  protecting  property  and  reputation, 
and  of  pursuing  happiness  in  his  own  Avay !!!  If 
such  attempts  are  countenanced  by  a majority  of 
the  people,  the  character  of  the  Government  is 
rapidly  changing  from  that  of  a free  Republic  to 
a military  despotism. 

But  the  triumph  of  the  military  over  the  civil 
power,  was  not  yet  camplete.  Military  officers, 
constables  and  eoUectors,  in  the  execution  of  the 


IZ 

militia  law,  innst  he  clotlicd  Avitli  the  armour  of 
infallibiliiy.  No  matter  wliat  errors  may  liave 
been  committed  by  them  in  the  assessment  of 
militia  lines,  or  in  the  collection  of  them,  or  hi  any  ^ 
thing  appertaining  to  the  execution  of  the  militia 
law. — See 

‘•Section  17.  be  it  further  enacted  by  the 
authority  aforesaid,  That  no  want  of  formality  in 
any  return  of  enrollment,  or  of  absentees,  or  in 
the  records  dl*  returns  of  any  court  of  appeal  or 
court  martial,  or  in  any  other  matter  or  thing  re- 
quired to  be  done  or  performed  by  officers  in  the 
execution  of  the  militia  laws  of  this  Common- 
wealth, shall  inyalidatc  the  same,  or  prevent  the 
same  being  received  in  evidence,  in  any  court  of 
record,  or  other  judicial  tribunal,  witliin  this 
C om  monw  e alth.’  ’ 

“ Can  such  things  be, 

“ And  overcome  us  like  a Summer’s  cloud, 

“ Without  our  special  wonder  ?” 

To  those  who  are  not  conscientiously  scrupy 
lous  of  bearing  arms,  the  provisions  of  these  bills 
must  appear  arrayed  in  terrors.  To  be  exposed  to 
the  insults  and  exactions  of  military  officers,  con- 
stables and  collectors  of  military  fines — and  be 
debared  from  pursuing  a summary  mode  of  re- 
dress provided  by  due  course  of  law- — to  have  the 
public  treasury  of  the  state  made  use  of  as  a fund 
to  encourage  these  officers  to  oppress  and  harrass 
the  peaceable  citizen — to  have  one’s  property  sub- 
ject to  seizure  and  person  to  imprisonment,  with- 
out one  moment’s  notice — may  suit  the  condition 
of  slaves  luuler  a military  despotism — but  can  ae 


/ 


-14 

ver  be  adapted  to  tiic  cliaractor  of  the  titizens  of  a 
free  republic.  Harrassing  and  oppressive  as  the 
pi"o visions  of  these  military  bills  may  be  to  the  ci^ 
tizen  who  is  not  conscientiously ‘^erupulous  of  bear* 
ing  arms,  still  by  peiforming  the  duty  exacted  of 
him,  he  may  escape  many  of  the  impositions  which 
might  otlierwise  be  practised  on  him.  He  may 
shoulder  a corn  stalk  and  play  his  part  in  the 
farce  of  a militia  muster : or,  if  he  prefers  it, 
he  may  purchase  his  indiiigenee  at  the  expense 
of  his  purse — and  thus  add  to  the  amount  of 
those  militia  fines  which  never  reach  the  pub- 
lie  treasury — but  are  squandered  by  militia  ofi 
ficers,  constables  and  collectors  of  militia  fines. 

But  to  Friends,”  and  tho^e  who  ai  e conscien- 
tiously scrupulous  of  bearing  arms,  whose  since- 
rity in  this  tenet  of  their  religion  has  been  esta- 
blished by  a uniform  and  consistent  coxirse  of 
conduct,  and  who  cannot  make  a compromise 
with  this  dictate  of  conscience — who  ought  to 
have  been  exempt  from  the  op« ‘ration  of  the  mi- 
litia system,  and  who  might  fairly  claim  that  ex- 
emption,  if  not  as  a constitutional  right,  as  a just 
and  equitable  privilege — to  you  thei’e  would  be  no 
escape  from  the  oppressions  and  impositions 
which  might  have  been  inflicted  on  you  by  the 
provisions  of  these  odious  military  bills. 

Under  the  militia  law  as  it  now  stands,  where 
military  officers,  constables,  and  collectors  of  mi- 
litia fines,  are  responsible  to  the  due  course  of  law  , 
your* property  has  been  wantonly  sacidficed,  and. 
your  persons  unjustly  imprisoned.  How  much 
greater  wrongs  and  outrages  would  be  perpetra-. 
ted,  if  that  responsibility  was  taken  away,  your 
past  experience  will  enable  you  best  to  estimate; 


15 


That  these  bills  did  not  bcconie  the  hiws  of  the 
land,  may  be  fairly  attributed  to  the  firmness  and 
independence  displayed  by  our  present  chb  f ma- 
gistrate. lie  had  resisted  every  attempt  which 
had  been  previously  made  by  the  Legishiture,  to 
violate  the  Constitution  and  infringe  on  the  rights 
of  the  people.  During  the  pendency  of  these 
bills,  in  the  house  of  Representatives,  lie  had  re> 
turned,  Avith  his  objeclioiis,  the  bill  violating  the 
reliauoiis  charter  of  St.  Mary\s  Cluircli:  and  the 
language  of  the  message  of  tlie  Governor  to  the 
Senate,  was  so  plain  and  positive,  that  it  could  not 
fail  to  liave  convinced  the  inaioritv  of  the  mem- 
bers  of  tlie  House,  that  the  same  course  w ould  be 
pursued  in  relation  to  the  Militia  Bills,  containing, 
as  they  did,  so  many  palpable  violations  of  the 
Constitution.  Cearful,  therefore  of  tiie  conse- 
quences of  anotlier  defeat,  ixnd  to  avoid  the  morv 
tificatioii  of  anotlier  triumph  over  them  by  tlie 
Executive,  the  House  of  Representatives  w ere  de 
terred  from  passing  the  bills.  The  man  who  has. 
voted  in  favor  of  tiiem,  has  evinced  either  a la 
mentable  ignorance  of  the  character  of  our  Re 
publican  Institutions,  and  the  provisions  of  our 
exocllent  Constitution,  or  a wanton  disregard  of 
them.  Mint ar If  men^  fond  of  exercising  the  lit- 
tle brief  authority  ol*  odlce  attached  to  the  pro 
fession  of  arms,  and  deligliting  in  deeds  of  iio« 
ble  daring,’'  may  be  considered  less  blamable  for 
acting  in  unison  w ith  the  militaiy  spirit  w hid i 
governs  them.  But  what  paliation  is  there  fox 
the  conduct  of  Joim  Andrew  Shuize  ? lie  had  ne- 
ver been  a militia  ofUcer:  nay,  he  had  never  mus 
tered  as  a private  on  days  of  training.  For,  be  i: 
hnov:n^  that  Jelm  A.  Shulz*^  is  an  cr-iain.ed  Mini- 


Ulster  of  the  Gospel,  and  ouee  assumed  the  sa- 
cred functions  of  a Cleric.  He  has  long  since 
abandoned  the  Ministry,  and  relinquished  the  per- 
formance of  the  duties  of  that  office,  which  he 
had  voluntarily  assumed.  He  did  not,  however, 
relinquish  some  of  the  temporal  advantages  which 
belonged  to  it:  and  as  by  law  a Minister  of  the 
Gospel  is  exempt  from  the  performance  of  mili- 
litary  duty,  so,  the  Rev.  John  Andrew  Shiilze 
has  taken  advantage  of  the  exemption.  He  had 
not  then  the  military  feeling  or  pride  of  the  IMi- 
litia  officer,  to  extenuate  his  conduct ; he  was 
exempted  from  the  performance  of  militia  ser- 
vice, and  would  not,  therefore,  he  subject  to  the 
tyrannical  provisions  of  the  acts  which  were  cal- 
culated to  weigh  so  heavily  on  his  fellow-citizens. 
Under  these  aggravated  circumstances,  he  was 
friendly  to  those  military  measures,  which  have 
for  their  object  the  subversion  of  the  civil  rights 
of  the  people.  John  Andrew  Shulze  stands  pledg- 
ed in  favour  of  these  Bills — In  the  event  of  his 
election  to  the  office  of  Chief  Magistrate,  the 
temper  of  the  next  Legislature  will  be  the  same  : 
ihese  Bills  will  necessarily  be  revived,  and  must 
become  laws.  The  snake  is  only  scolded,  not 
killed : the  success  of  the  Legislative  candidate 
will  impart  to  the  monster  new  strength  and 
vigour,  and  there  will  then  exist  no  antidote  to 
its  encreased  venom. 

There  is  another  measure  which  formed  the 
mhjeet  of  the  deliberations  of  tlie  last  Legisla- 
ture, indicative  of  a temper  and  disposition  lios- 
iile  to  the  peace  and  w ell-being  of  the  communi- 
ty,— ^It  is  a measure  well  worthy  the  serious  con- 
sideration not  only  of  those  who  may  be  suSerers 


17 

from  it,  but  of  all  p^ood  citizens  who  have  o proper 
regard  for  just  priiiciples,  and  a fair  and  equita- 
ble administration  of  llie  Governnveut. 

I allude  to  the  subject  of  the  JMilitia  Fines  as- 
sessed on  the  citizens  of  this  State,  for  non  per- 
formance of  militia  duty  during  the  late  war.  It  is 
well  known, that  Pennsylvania  furnished  more  than 
the  quota  of  militia-men  demanded  of  her  during 
the  war,  and  that  the  quota  was  principally  com- 
posed of  Volunteers.  The  U.  States  could  not.  there- 
fore, have  any  just  and  equitable  claims  on  the 
citizens  of  Pennsylvania,  for  any  delinquencies. 
Claims,  however,  were  made  by  the  General  Govern- 
ment. and  fines  were  assessed  on  the  citizens  to  an 
enormous  amoirnt ; and  a considerable  portion  of 
these  fines  was  collected.  I am  induced  to  be- 
lieve, that  the  General  Government  was  rather 
passive  in  the  assessment  and  collection  of  these 
fines — and  that  the  active  agents  were  militia  of- 
ficers, who  received  extravagant  wages  for  serv- 
ing on  courts  martial,  and  United  States’  marshals 
and  their  deputies,  who  took  good  care  to  avail 
themselves  of  the  golden  opportunity  of  plunder. 

Certain  it  is,  tliat  on  the  first  solicitation  of  the 
State  Government,  Congress  relinquished  to  it  all 
the  fines  that  had  been  assessed  and  collected  un- 
der the  authority  of  the  General  Government. 

During  the  last  session,  the  Legislature,  for 
the  first  time,  had  the  power  of  relieving  the  ci- 
tizens from  the  exactions  of  these  oppressive  and 
unjust  fines  \^hich  hud  been  assessed,  as  far  as 
the  trial  had  been  made,  for  tlie  benefit  of  nmin- 
bers  of  courts  martial  and  United  States’  officers. 
It  would  have  been  most  certainly,  more  conso- 
nant to  a just  and  benevolent  course  of  policy  in 


ilic  Legislature,  to  have  passed  an  act  of  oblivion 
in  relation  to  those  fines.  Such,  however,  was 
not  the  temper  and  disposition  of  the  last  Legis- 
lature. At  an  early  period  of  the  session,  the 
Committee  of  AYays  and  Cleans  of  the  House  of 
Hepresentatives,  took  the  subject  into  considera* 
tion,  and  made  a report  to  the  House,  in  which  it 
was  unanimously  recommended  to  ea'act  the  utter- 
most  farthing  of  these  Jines!  Tins  report  is  of  so 
vindictive  a character,  that  I deem  it  proper  to 
present  you  with  some  extracts  from  it. 

Journals  of  the  House- — 106. 

EXTRACTS  FR03I  THE  REPORT. 

In  order  to  enable  the  Legislature  to  act  un- 
derstandingiy  on  this  subject,  tlic  following  state- 
ment is  respectfully  submitted  : 

Of  the  whole  amount  of  fines  originally  as- 
sessed, amounting  to  S3 5 1,981  66  cts.  there  has 
been  collected  8119,257  99  cts.  Of  this  sum 
871,322  36  cts.  appears  to  be  wholly  lost  by  the 
insolvency  of  the  late  marshal,  John  Smith,  and 
his  sureties  : to  this  sum  may  be  added  841,556 
33  cts.  which,  according  to  the  statement  of  the 
said  John  Smith,  has  been  paid  to  members  of 
courts  martial,  by  him  and  his  deputies.” 

‘‘  Of  the  remaining  8232,723  67  cts.  844,404 
17  cts.  have  been  remitted  by  the  G overnor  of  this 
Commonwealth  ; leaving  a balance  yet  to  be  col- 
lected, or  in  the  hands  of  deputy  marshals,  of 
8188,319  50  cts. 

“ Your  committee  would  further  remark,  that 
no  returns  have  been  received  from  the  following 
counties,  viz. — Mifflin,  part  of  Centre,  Somerset 
Cambria,  Cumberland,  Perry,  Fayette,  Green, 
and  part  of  AVashington,  Allegheny,  Armstrong 


19 


indijuifijJelVcrsonjlii^avcr,  Mercer,  Crawford,  Erie, 
Butler,  Venango,  and  Warreiu  In  some  of  those 
counties,  it  is  said,  courts  martial  liave  been  held, 
particularly  in  one,  tchere  ike  c.vpmces  of  the  court 
Jfar  ea^cecds  the  amount  of  the  Jincs  assessed.^'^ 

^ Having  thus  submitted  to  the  House  all  the 
information  your  committee  possess,  they  would 
respectfully  remark,  that  although  the  rvholc  a- 
mount  of  fines  collected  by  the  officers  of  the  U- 
nited  States,  has  been  sunk  in  the  collection,  and 
ill  tlie  insolvency  of  the  late  marshal  and  his  sure- 
ties— a fact  wdiieh  goes  very  far  to  show  that  Ut- 
ile or  fio  advantage  is  likely  to  be  realised  by  vir- 
tue of  the  investing  act : they  img  notivithstamU 
ing^  unanimously  q\*  opinion,  that  it  would  be  un- 
just and  impolitic  to  suffer  the  business  to  rest  in 
its  present  situation  Many  of  oin*  citizens  have 
already  been  compelled  to  pay  for  their  delinquen- 
cy : it  surely  would  he  very  improper  to  suffer 
others,  ef|ually  negligent,  to  escape  ! ! Besides,  if 
a militia-man  refuse  to  march  wlien  drafted,  he 
knew  the  alternative — and  should  the  Legislature 
omit  to  exact  the  penalty — the  efl*ects  of  such  a 
coun^e  might  he  VERY  DELETERIOUS  IN  CASK 
OF  FUTURE  WARS.” 

See,  then,  liow  such  a measure  comes  recoin- 
mended  ! Its  principle,  assuming  justice  for  its 
basis,  is  founded  on  the  grosest  injustice — ^^its  mo- 
lives  is  vengeance — and  its  ado])tion  is  advocated 
on  tlic  ground,  not  of  an  equivalent  for  services 
withheld,  but  of  exemplary  pun /i?/z  men/,  after  a I apse 
t)f  ten  years,  for  the  purpose  of  making  the  people 
more  obedient  and  docile  in  case  o£  future  wars. 
The  sentiments  of  this  report  are  derogatory 
the  characters  of  the  representatives  of  a f»*ee 


20 


people,  intrusted  with  on  important  part  in  the 
administration  of  a Government  instituted  for 
their  peace,  safety  and  liappiness  : it  hreatlies  a 
vindictive  spirit,  and  is  rather  the  lanp;uage  of  a 
despot  who  governs  his  subjects  by  force,  and 
overawes  tliem  by  terror. 

This  report  was  adopted  by  the  House,  and  was 
followed  up  by  a hill  in  the  Senate,  which  is  to  be 
found  on  the  Senate  files,  No.255.  The  bill  directs 
the  auditor  general  to  furnish  the  brigade  inspec- 
tors with  the  lists  of  fines  assessed  on  the  citizens 
of  the  Commonwealth  for  the  non  performance  of 
militia  duty  in  the  late  war — orders  the  brigade 
inspectors  to  proceed  forthwith  to  collect  the  fines 
therein  mentioned — and  directs  the  auditor  gene- 
ral to  settle  all  the  accounts  of  members  of  courts 
martial  who  had  been  employed  in  the  assess- 
ment of  these  fines,  and  who,  it  appears,  have 
large  claims  remaining  unsettled.  The  bill  was 
not  reached  in  the  Senate  until  a few  days  previ- 
vous  to  the  adjournment  of  the  Legislature  ; and 
to  this  circumstance  its  failure  is  to  be  principally 
attributed. 

Although  it  is  admitted  in  the  report  of  the 
Committee  of  '\Yays  and  Means,  that  the  whole 
amount  of  fines,  Si  19,257  99  cts.  collected  by  the 
Lnited  States’  officers,  has  been  sunk  in  the  col- 
lection, and  that  llttie  or  ho  advantage  is  likely 
to  he  realized  by  the  investing  act — yet  the  com 
mittee  is  unanimously  of  opinion,  that  tlie  omis 
sion  of  the  Legislature  to  cjcact  ike  penalty  might 
be  very  deleterious  in  case  of  future  ivursU  I The 

sum  of  ONE  HUNDRED  AND  EIGHTY-EIGHT  THOU- 
SAND DOLLARS  is  therefore  to  be  levied  on  the 
jeeple,  without  any  advantage  to  the  State, 


21 


to  be  SUNK  in  the  collection  of  it  for  the  benefit 
of  incrnbers  of  courts  martiah  brigade  inspectors, 
and  their  deputy  collectors  ; — and  all  this  bv  way 
of  EXEMPLAR  Y PUNISHMENT  after  a long 
lapse  of  ten  years — Like  very  Shylocks — they 
must  have  the  pound  of  flesh. 

When  such  a measure  is  in  agitation,  and  is 
thus  advocated  by  a Legislature  entrusted  with 
the  guardianship  of  the  common  weal — indeed, 
indeed,  Respected  Friends,  you  cannot  remain 
passive  wlien  the  opportunity  arrives  of  express^ 
ing  public  opinion  of  it — You  will  not  say  that 
you  have  no  lot  or  part  in  this  matter. 

The  event  of  the  approacliing  Election  w ill  de- 
cide whether  this  PENALTY  is  to  be  exacted  of 
the  people.  Should  John  Andrew  Shulze  be  elec- 
ted,  the  complexion  of  the  next  Legislature  will 
not  difler  from  the  last — and  independently  of  the 
evidence  of  his  military  predclictions  furnished 
by  his  vote  in  favour  of  rendering  the  military 
superior  to  the  civil  povver — he  will  be  indebted, 
to  the  Legislature  for  his  elevation  to  oflice,  and 
will  not  dare  to  thwai‘t  any  of  their  measures, 
liowever  impolitic,  unjust  or  unconstitutional. 

Many  of  you,  from  sad  experience,  knoAV,  that 
collection  of  those  fines  already  made,  under 
«lic  laws  as  they  now  exist,  with  a responsibility 
in  the  eollectors  to  the  due  course  of  law — 
property  iu  many  instances,  quadruide  the  am- 
ount of  the  fine,  has  been  wantonly  sacrificed. — 

I pray  you,  at  would  Ive  the  excesses,  the  frauds 
and  impositions,  practicc'd  in  the  collection  of  the  rc- 
2naining  fines,  if’ all  responsibility  to  the  only  com 
petent  authority  to  aflbrd  suitable  redress  of  griev- 
ances, was  taken  awavx  and  no  che<‘k  existed,  save 


the  conscience  of  constable  or  collector  ? Verily, 
FIVE  HUNDRED  THOUSAND  DOLLARS 
would  not  pay  the  penalty. 

In  every  point  of  view,  then,  in  which  the  ap- 
proaching Election  is  considered,  there  is  occasion 
for  serious  alarm.  The  most  valuable  and  sacred 
provisions  of  the  Constitution,  and  the  best  in- 
terests of  society,  are  involved  in  the  contest. — 
In  proportion  to  threatened  dangers,  should  hr 
the  exertions  to  avert  them — and  when  the  Con- 
stitution  has  provided  the  means  of  avoiding  tlie 
impending  evils,  the  only  course  which  prudence 
dictates  is  the  use  of  them.  Preventive  measures 
are  always  the  safest  and  wisest,  and  have  the  ad- 
ditional recommendation  of  being  tlie  mildest. 

Should  you  withhold  your  votes,  and  John  An- 
drew Shulze  be  the  successful  candidate — and 
should  it  afterwards  appear  from  the  state  of  the 
polls,  that  your  votes  would  have  produced  a dif- 
ferent result — w ould  you  not  consider  yourselves 
justly  chargeable  with  being  accessary  to  all  the 
had  consequences  of  his  mal  administration  of  of- 
lice,  and  to  the  extravagant  proceedings  of  a Le- 
gislature no  longer  governed  by  the  restraint  of 
an  independent  and  upright  Executive  ? Could 
you,  under  such  circumstances,  claim  the  inter- 
ference of  the  Judiciary  to  protect  you  from  their 
lawless  outrages  on  your  civil  or  religious  rights, 
with  the  same  satisfaction  as  if  you  had  assisted 
to  prevent  the  injustice  of  w hich  yoi^omplained  ? 
Think  of  these  things — before  it  isWo  late 

But  it  does  appear  to  me,  Respected  Friends, 
ihat  you  are  peculiarly  called  on  to  exercise  the 
elective  franchise  on  the  approaching  occasion. — 
To  the  enlightened  wisdom  of  the  philanthropic 


Pknn,  the  world  is  iiidcl)tcd  for  the  first  political 
reeo;i;nition  of  the  sacred  rights  of  conscience, 
as  the  unalienable  and  indefeasable  rights  of 
man;  and  its  incorporation  in  our  most  excel- 
lent Constitution,  must  be  csteetned  one  of  its 
brightest  features.  That  the  first  attempt  to  in- 
vade this  sacred  principle  should  liave  been  made 
in  the  land  which  gave  it  political  existence,  is  an 
event  grievously  to  be  lamented.  But  it  would 
furnish  occasion  for  still  deeper  humiliation,  if 
the  man  who  wantonly  aided  in  this  attempt, 
should  receive,  as  the  reward  of  his  conduct,  the 
highest  honour  and  the  first  office  in  the  gift  of 
the  people.  The  bare  possibility  of  such  an  event 
will  lead  you  to  the  polls.  It  is  a duty  you  owe 
to  the  vindication  of  the  principles  of  the  illiistri- 
lous  founder  of  the  state — a duty  you  owe  to  your- 
selves as  you  value  his  institutions,  and  would** 
wish  to  secure  tliem  to  your  posterity. 

Your  votes  will  not  only  assist  to  keep  had  men 
out  of  office — you  will  have  tlic  satisfaction  of 
being  assured  that  they  will  contribute  to  put  a 
good  man  into  office. 

If  respectable  talents  and  Ji  mind  improved  by 
useful  knowledge,  and  strengthened  by  long  expe- 
rience, political  integrity  and  private  virtue  re- 
warded by  the  confidence  of  the  people,  and  esta- 
blished by  long  tried  public  services,  amiable  man 
ners  and  modest  deportment  are  worthy  of  your 
confidence,  these  qualities  arc  all  united  in  the 
character  of  Andrew  Gregg.  An  honourable 
life  of  sixty  five  years,  exhibits  a private  charac- 
ter irreproachable,  and  a political  career  of  twenty 
two  years  service  in  the  councils  of  the  natioiN 
creditable  to  himself  and  n«;eful  to  his  coJintrv 


Indeedj  under  existing  circumstances,  he  is  the 
candidate  peculiarly  suited  to  the  crisis — and  ot' 
all  the  persons,  he  is  the  most  proper  to  place  in 
the  chair  of  state. 

John  Andrew  Shulze,  is  the  candidate  identified 
witli  all  the  violent  and  unciinstitutioiial  mea- 
suics  of  our  last  Legislature,  and  Andiew  Gregg 
as  a mem  her  of  the  present  administration,  is 
identified  witli  the  fijin  and  upiight  executive 
opposition  to  them.  His  success  over  the  Le- 
gislative candidate,  would  therefore,  constitute  a 
stronger,  and  more  decided  and  emphatical  ex- 
pression of  public  opinion  : in  such  an  appeal  to 
the  people,  no  vote  should  be  lost — for  every  vote 
will  swell  the  triumph  of  tlie  Constitution  over  its 
enemies — will  display  the  strength  of  its  friends, 
and  thus  tend  to  fix  more  firmly  the  charter  of  ou0 
^ivil  and  religions  rights  in  Itie  affections  of  the 
people. 


